AGREEMENT Dated as of October 17, 2017
EXECUTION COPY
Exhibit 4(m)
AGREEMENT
Dated as of October 17, 2017
Citibank, N.A.
JPMorgan Chase Bank, X.X.
Xxxxx Fargo Bank, National Association
BNP Paribas
Mizuho Bank, Ltd.
The Bank of Nova Scotia
The Bank of Tokyo-Mitsubishi UFJ, Ltd.,
each severally as an LC Issuing Bank under the
Credit Agreement (as defined below)
Ladies and Gentlemen:
Reference is made to the Amended and Restated Credit Agreement, dated as of August 14, 2015 (as amended, restated, modified or otherwise supplemented prior to the date hereof, the “Credit Agreement”), among Entergy Texas, Inc., as the Borrower, the banks and other financial institutions party thereto as Lenders, Citibank, N.A., as Administrative Agent and as an LC Issuing Bank, and the other LC Issuing Banks party thereto. Unless otherwise indicated, capitalized terms used herein and not otherwise defined herein have the meanings given such terms in the Credit Agreement.
Section 1. Modification of LC Fronting Commitments. Pursuant to the definition of Fronting Commitment, each LC Issuing Bank severally agrees with the Borrower to modify its respective Fronting Commitment to the respective amount listed opposite its name in the attached Schedule III Fronting Commitment Schedule and that such attached Schedule III Fronting Commitment Schedule shall replace the existing schedule attached as Schedule III to the Credit Agreement with respect to such LC Issuing Bank’s Fronting Commitment.
Section 2. Effectiveness of Agreement. Section 1 above shall be effective with respect to any LC Issuing Bank as of the date hereof when and if the Administrative Agent under the Credit Agreement shall have received counterparts of this agreement (this “Agreement”), duly executed by the Borrower and such LC Issuing Bank; provided, however, that Section 1 above shall not be effective with respect to any LC Issuing Bank where there is currently outstanding a Letter of Credit issued by such LC Issuing Bank in excess of the amount of its Fronting Commitment pursuant to Schedule III attached hereto, until the amount of such outstanding Letter of Credit has been reduced to an amount not in excess of the amount of its Fronting Commitment pursuant to Schedule III attached hereto pursuant to written documentation of such LC Issuing Bank.
Section 3. Counterparts. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.
Section 4. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York.
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Please indicate your agreement to the foregoing by signing and returning a counterpart to this Amendment by facsimile or e-mail to Xxxx Xxxxx (fax no. 000-000-0000, Attention: Xxxx Xxxxx / xxxxxx@xxxxx.xxx).
Very truly yours,
By /s/ Xxxxxx X. Loustea
Xxxxxx X. Xxxxxxxx
Assistant Treasurer
The undersigned hereby agree to the foregoing:
CITIBANK, N.A., as LC Issuing Bank
By /s/ Xxxxxxx Xxxxxx
Name: Xxxxxxx Xxxxxx
Title: Vice President
JPMORGAN CHASE BANK, N.A, as LC Issuing Bank
By/s/ Xxxx X. Xxxxxxxxx
Name: Xxxx X. Xxxxxxxxx
Title: Executive Director
XXXXX FARGO BANK, NATIONAL ASSOCIATION, as LC Issuing Bank
By/s/ Xxxxx Xxxxxxx
Name: Xxxxx Xxxxxxx
Title: Director
BNP PARIBAS, as LC Issuing Bank
By/s/ Xxxxxxxx Sheen
Name: Xxxxxxxx Sheen
Title: Director
By/s/ Xxxxxx Xxxx
Name: Xxxxxx Xxxx
Title: Vice President
MIZUHO BANK, LTD., as LC Issuing Bank
By/s/ Xxxxxx Xxxxx
Name: Xxxxxx Xxxxx
Title: Authorized Signatory
THE BANK OF NOVA SCOTIA, as LC Issuing Bank
By/s/ Xxxxx Xxxxx
Name: Xxxxx Xxxxx
Title: Director
THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as LC Issuing Bank
By /s/ Xxxxxxx Xxxxxx
Name: Xxxxxxx Xxxxxx
Title: Vice President
SCHEDULE III
FRONTING COMMITMENT SCHEDULE
Name of LC Issuing Bank | Fronting Commitment Amount |
Citibank, N.A. | $0 |
JPMorgan Chase Bank, N.A. | $5,000,000 |
Xxxxx Fargo Bank, National Association | $0 |
BNP Paribas | $5,000,000 |
Mizuho Bank, Ltd. | $10,000,000 |
The Bank of Nova Scotia | $10,000,000 |
The Bank of Tokyo-Mitsubishi UFJ, Ltd. | $0 |
TOTAL | $30,000,000 |
